Category Archives: IP Litigation

About Face: Courts Weigh AI Face-Swapping Technology and Celebrity Rights



The Ninth Circuit recently upheld a ruling allowing a class action against NeoCortex, the creators of the Reface app, over the unauthorized use of content creator Kyland Young’s likeness. This case highlights the growing tension between AI innovation and individual rights. Scott Hervey and Jamie Lincenber discuss the lawsuit and what it means for AI companies using digital likenesses on this installment of The Briefing.

Watch this episode on the Weintraub YouTube channel here.

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Navigating the Legal Risks for Brands in Social Media Marketing – Part 1 (Archive)



While influencer marketing has become popular in the creator space, it doesn’t come without risks. From IP infringement to FTC compliance, Scott Hervey and Jessica Marlow discuss the key issues surrounding brand endorsement deals in this archive two-part episode of The Briefing.

Watch this episode on the Weintraub YouTube channel.

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Deep Dive into the NO FAKES Act



A group of senators introduced an update to the ‘No Fakes Act,’ which protects the voice and visual likeness of individuals from unauthorized AI-generated recreations. Scott Hervey and James Kachmar discuss the changes to this act on this episode of The Briefing.

Watch this episode on the Weintraub YouTube channel here.

 

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Nirvana Stuck in Lawsuit Over “Nevermind” Album Cover



Nirvana Stuck in Lawsuit Over Nevermind Album CoverAs James Kachmar previously wrote on the IP Law Blog, the man who was photographed as a naked baby in 1991 for Nirvana’s iconic “Nevermind” album cover is now suing the band for distributing child pornography. Scott Hervey and James discuss the Ninth Circuit’s opinion on the case in this episode of The Briefing.

Watch this episode on the Weintraub YouTube channel here.

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IP Rights and the “Public Good” Exemption to California’s Anti-SLAPP Law: An Update



In the case of Martinez v. Zoom Info Technologies, the Ninth Circuit addressed the “Public Interest” exemption to California’s anti-SLAPP law. Scott Hervey and James Kachmar talk about this case on this episode of The Briefing.

Watch this episode on the Weintraub YouTube channel here.

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Are LEGO Creations Based on Religious Texts Eligible for Copyright Protection?



The creator of a LEGO brick Second Holy Temple product is accusing another LEGO creator of copyright infringement for their interpretation of the same temple. Scott Hervey and Eric Caligiuri discuss this case on this episode of The Briefing.

Watch this episode on the Weintraub YouTube channel here or read Eric’s article about this case here.

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SCOTUS to Determine if USPTO Refusal to Register TRUMP TOO SMALL is Unconstitutional



The Supreme Court recently heard oral arguments in the case of Vidal v. Elster to determine whether the USPTO’s refusal to register the trademark “Trump Too Small” violates the applicant’s First Amendment rights. Scott Hervey and Eric Caligiuri discuss this case on this installment of The Briefing. 

Watch this episode on the Weintraub YouTube channel here.

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Is Linda Fairstein’s Portrayal in Netflix’s “When They See Us” Fair?



Former New York prosecutor Linda Fairstein is suing Netflix over her portrayal in the limited series “When They See Us,” which tells the story of the 1989 Central Park Five case. Scott Hervey and Tara Sattler discuss this dispute on this episode of The Briefing.

Watch this episode on the Weintraub YouTube channel here.

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Failure to Disclose Relationship with Real Party in Interest Results in Serious Sanctions



Failure to disclose certain relationships with a third party may result in significant consequences from the court. Scott Hervey and Eric Caligiuri talk about this on this episode of The Briefing.

Watch this episode on the Weintraub YouTube channel here.

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Is Warhol Bad for Documentarians?



There is some concern that the Supreme Court’s decision in Andy Warhol Foundation v. Goldsmith will harm the documentary filmmaking community. Scott Hervey and Tara Sattler discuss the implications of this case on this episode of The Briefing.

Watch this episode on the Weintraub YouTube channel here.

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